MoD unveils plans to take military combat claims away from court – Law Society’s Gazette

Posted December 2nd, 2016 in armed forces, negligence, news, personal injuries by sally

‘The Ministry of Defence today unveiled plans to prevent the courts from adjudicating on allegations that injuries or deaths in the course of combat were the result of negligence. Defence secretary Sir Michael Fallon said he wanted to stop service and ex-service personnel being ‘caught up’ in long and frustrating legal cases where costs escalate.’

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Law Society’s Gazette, 1st December 2016

Source: www.lawgazette.co.uk

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Court confirms surveyor’s margin of error in negligence cases should not generally exceed 15% – OUT-LAW.com

Posted November 25th, 2016 in negligence, news, surveyors, valuation by tracey

‘A surveyor facing a professional negligence claim will only be able to argue a margin of error greater than 15% in the most exceptional of circumstances, the High Court has confirmed.’

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OUT-LAW.com, 24th November 2016

Source: www.out-law.com

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New-build ground rent scandal could spark legal battles – The Guardian

Posted November 21st, 2016 in conveyancing, negligence, news, rent, solicitors by sally

‘With thousands of homebuyers caught out by rapidly rising rents, the solicitors they used may face claims of professional negligence.’

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The Guardian, 19th November 2016

Source: www.guardian.co.uk

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Private hospital surgeon jailed over death of patient has conviction quashed on appeal – Daily Telegraph

Posted November 16th, 2016 in appeals, doctors, negligence, news, sentencing by sally

‘A surgeon who served a jail sentence over the death of a patient at a private hospital has won an appeal against his conviction.’

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Daily Telegraph, 15th November 2016

Source: www.telegraph.co.uk

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Promises about one’s principal: breach of warranty of authority and the case of P&P Property Ltd v Owen White & Catlin LLP – Hardwicke Chambers

Posted November 10th, 2016 in fraud, law firms, negligence, news, warranties by sally

‘If a solicitor executes a contract to sell “1 The Mall” that identifies the seller as “Mr Bloggs of 1 The Mall” (Mr Bloggs being the registered proprietor of that property), does the solicitor thereby promise to the buyer:

1. that she has authority to sell the property from the actual Mr Bloggs, the true owner of 1 The Mall? Or
2. that her client was someone who told her he was Mr Bloggs and that he owned 1 The Mall?’

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Hardwicke Chambers, 4th November 2016

Source: www.hardwicke.co.uk

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Form over substance? The ‘But For’ Test after Tiuta – Hardwicke Chambers

Posted November 9th, 2016 in appeals, negligence, news, valuation by sally

‘The case throws up an interesting issue as to both the application and scope of the ‘but for’ test in professional negligence claims by lenders against valuers where there has been re-financing of the original lending transaction. The fact that the Court of Appeal was split in its decision, and the fact that an application for permission to appeal is currently outstanding to the Supreme Court, demonstrate the complexities of the legal position.’

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Hardwicke Chambers, 4th November 2016

Source: www.hardwicke.co.uk

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Moving on from Bolam – the High Court applies the Montgomery v Larnarkshire test in a financial professionals – Hailsham Chambers

Posted November 9th, 2016 in banking, duty of care, financial regulation, negligence, news by sally

‘The High Court has for the first time outside a medical context declined to apply the traditional Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582 test for the standard of care in favour of the new test in Montgomery v Larnarkshire Health Board [2015] AC 1430. Coutts, the private bank, was found to owe a duty to take reasonable care to ensure that their clients were aware of the risks of suggested investments. This is an important development in professional negligence law and one that may have far-reaching consequences.’

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Hailsham Chambers, 3rd November 2016

Source: www.hailshamchambers.com

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Vicarious Liability for Assaults – Park Square Barristers

Posted November 9th, 2016 in arbitration, assault, negligence, news, vicarious liability by sally

‘Caroline Wood recently successfully represented the defendant local council in respect of a claim arising from an assault by a teaching assistant on a lunchtime supervisor, both of whom were employees at the same school.’

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Park Square Barristers, 25th October 2016

Source: www.parksquarebarristers.co.uk

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NHS negligence claims hit £1.4bn – BBC News

Posted September 29th, 2016 in costs, delay, health, negligence, news by tracey

‘NHS trusts in England paid out more than £1.4bn in medical negligence claims last year compared to £583m in 2008, analysis shows.’

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BBC News, 29th September 2016

Source: www.bbc.co.uk

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Decades-old legal test not suitable for assessing if investment advice met professional standards, says High Court – OUT-LAW.com

Posted September 21st, 2016 in banking, duty of care, financial advice, financial regulation, insurance, negligence, news by tracey

‘A long-standing legal test, that helps to determine whether professionals meet their duty of care to clients is not appropriate for determining whether UK investment advisers have sufficiently communicated with investors to be said to have provided suitable advice, the UK High Court has said.’

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OUT-LAW.com, 20th September 2016

Source: www.out-law.com

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Serious failings in medical care led to man’s death, inquest finds – The Guardian

Posted September 14th, 2016 in health, inquests, medical treatment, negligence, news, paramedics by tracey

‘The NHS has apologised after a coroner criticised “serious failings” in medical care that led to a man dying hours after an ambulance crew failed to diagnose his heart attack and take him to hospital.’

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The Guardian, 13th September 2016

Source: www.guardian.co.uk

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Compensation payout for mum left unable to open her jaw wider than 2cm after botched operation – Daily Telegraph

Posted August 31st, 2016 in compensation, doctors, medical treatment, negligence, news, personal injuries by sally

‘A mother-of-one has received a six figure payout after a botched operation left her unable to open her mouth wider than 2cm for five years.’

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Daily Telegraph, 30th August 2016

Source: www.telegraph.co.uk

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Suspended sentence for optometrist who missed boy’s fatal condition – The Guardian

‘An optometrist who failed to spot symptoms of a life-threatening brain condition during a routine eye test of an eight-year-old who later died has been given a two-year suspended prison sentence.’

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The Guardian, 26th August 2016

Source: www.guardian.co.uk

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Failed company and its manager convicted of corporate and gross negligence manslaughter – CPS News Brief

Posted August 17th, 2016 in corporate manslaughter, negligence, news by sally

Today [16 August] Bilston Skips and Bikram Singh Mahli were found guilty of the manslaughter of 24-year-old site worker Jagpal Singh. Bikram Singh Mahli was sentenced to two years imprisonment suspended for a period of two years. The company, which is now in liquidation, was fined £600,000.

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CPS News Brief, 16th August 2016

Source: http://blog.cps.gov.uk

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Hundreds of compensation claims against British soldiers could be abandoned after controversial law firm announces closure – Daily Telegraph

‘Hundreds of compensation claims against British soldiers are likely to be abandoned after a controversial law firm accused of “hounding” troops announced that it is closing.’

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Daily Telegraph, 15th August 2016

Source: www.telegraph.co.uk

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University forced to pay out for 2.3% contribution to employee’s asbestosis – Litigation Futures

Posted August 3rd, 2016 in asbestos, compensation, negligence, news, personal injuries, universities by tracey

‘The Court of Appeal has ruled that an employer who negligently contributed 2.3% of the asbestos fibres in the lungs of an asbestosis sufferer should have to pay proportional compensation.’

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Litigation Futures, 1st August 2016

Source: www.litigationfutures.com

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Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures

‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’

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Litigation Futures, 25th July 2016

Source: www.litigationfutures.com

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High Court: part 36 offer meant party could not accept earlier ‘without prejudice’ offer – Litigation Futures

‘The High Court has ruled that a claimant’s part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance.’

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Litigation futures, 15th July 2016

Source: www.litigationfutures.com

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Blaming insurers for driverless accidents ‘makes no sense’ – Law Society’s Gazette

Posted July 18th, 2016 in accidents, insurance, negligence, news, road traffic by sally

‘Government proposals for driverless cars could create a worrying principle in the law of negligence, a high-profile motoring solicitor has warned.’

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Law Society’s Gazette, 16th July 2016

Source: www.lawgazette.co.uk

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Optometrist Honey Rose guilty over Vincent Barker death – BBC News

Posted July 18th, 2016 in children, homicide, negligence, news by sally

‘An optometrist who failed to spot an eye condition in a boy who later died has been found guilty of gross negligence manslaughter.’

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BBC News, 15th July 2016

Source: www.bbc.co.uk

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